Bhaskar Tiwari vs Shruti Tiwari

Pankaj Purohit, J

By means of this writ petition, petitioner has sought the indulgence of this Court for a direction to the learned Judge, Family Court, Haldwani, District Nainital to decide the Divorce Suit No.317 of 2021, Bhaskar Tiwari vs. Shruti Tiwari, under Section 13 of the Hindu Marriage Act, 1955, expeditiously preferably within a period of three months.

Heard learned counsel for the parties.

It is submitted by learned counsel for the petitioner that the suit for divorce was filed by the petitioner in the month of December, 2021 and issues were framed on 01.04.2023. Petitioner filed his affidavit in evidence on 29.05.2023, but since then, instead of cross examining the petitioner, as many as 16 adjournments have been sought by the respondent-wife.

It is also submitted by learned counsel for the petitioner that under Section 21B (2) of the Hindu Marriage Act, 1955, it is mandated that the petition filed under the Hindu Marriage Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.

Section 21B (2) of the Hindu Marriage Act, 1955 is quoted hereinbelow:-

“21B. Special Provision relating to trial and Disposal of petitions under the Act.-

(1)............................................

(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.”

In the case in hand, respondent-wife was served on 09.05.2022, although, according to the order-sheet, the Registry sent notice to the respondent-wife on a correct address has not been received back and the court presumed sufficient service on the respondent-wife on that date. Since then, more than one and a half year has lapsed. From perusal of the order-sheet, it is explicitly clear that the respondent-wife is deliberately creating hindrance in disposal of the divorce petition filed by the petitioner.

In this view of the matter, the writ petition is allowed and learned Judge, Family Court, Haldwani, District Nainital is directed to expedite the hearing of the Divorce Suit No.317 of 2021, Bhaskar Tiwari vs. Shruti Tiwari, as expeditiously as possible, preferably within a period of six months from the date of production of certified copy of this order.